Since November 1868 Mr. Sandison's present firm of Spence
& Co. have been responsible as tacksmen for the rents of the
fishermen tenants of Major Cameron's estate in Unst. At that time
they obtained a tack of the estate for twelve years, which was
formerly described by Mr. Walker*, and is in some respects
peculiar. Spence & Co., as lessees of the greater part of the estate,
which includes nearly half of the island, pay a fixed sum of rent
(£1100), and are bound to expend, or to get the sub-tenants to
expend, a certain annual sum on improvements at the sight of the
proprietor. Regulations for the cultivation of the small farms are
annexed to the lease, and are to form conditions of the sub-leases
to be granted by Spence & Co. The effect of these regulations and
of the lease is thus explained by Mr. Sandison: [Comp. J. Walker,
15,977.]
* Truck Commission Evidence, qu. 44,450 sq. <See> Appx.
'10,159. Any tenants not complying with these regulations may
be removed by you?-Yes; they will get their leases unless they
comply with them, and we can remove them at any time ....'
'10,161. How many of the tenants have adopted these
regulations?-I should say that, to a greater or less extent, they
have all made a fair commencement in the improvements and
rotation of cropping.'
'10,162. But you have absolute power to remove them if they do
not comply with that?-We have. The property is absolutely let to
us, and we can absolutely turn them out if they do not comply with
the regulations. The lease is clear enough upon that point.'
'10,163. Have you had occasion to exercise that power?-Not in
any case.'
'10,164. Have you threatened to do so?-Not so far as is known to
me.'
'10,165. There is no obligation on the tenants, under this lease,
either to fish for you or to sell the produce of their farms to your
firm?-No; it is long since I read the lease, but I don't think there
is anything of that sort in it.'
'10,166. In point of fact, is there any understanding on the part of
the tenants that they are bound to do so?- No.'
'10,167. You have told them that they are under no such
obligation?-Yes.'
'10,168. But, in point of fact, most of them do sell their fish to
you?-They do.'
'10,169. And, in point of fact, most of them do sell their eggs and
butter to you?-I think the great bulk of them do, but I cannot tell so
well about the butter and eggs. We buy fully as much now at
Uyea Sound we did in any season before the company
commenced.'
'10,170. And a number of the tenants also run accounts for shop
goods with your shops?-Yes; I think most of them do so ....'
'10,174. But although this lease does not contain an express
condition that the tenants are to fish for you, it gives you a power
of ejecting them?-Of course it does.'
'10,175. And the tenants are aware of that?-Yes.'
'10,176. And of course they may feel a little more unwilling to
deal with another party or to fish for him in consequence? -That
may be. I don't know what their private feelings may be, but the
lease gives us a stronger power than that: it reserves the peats, and
what could they do without peats? We have absolute power in that
respect, if we choose to put it in force, but I hope never to see that
done. We can refuse them peats altogether and scattald altogether,
and we can shut them up altogether, but I hope I will never live to
see that day.'
'10,177. In short, you can do anything you please with the tenants,
except deprive any one of his holding who complies with these
rules and regulations?-Yes.'
'10,178. The only security he has is to comply with them?-Yes.'
'10,179. As to the peats and scattalds, he has no security at all?-
None.'
The rental annexed to the leases contains a list of 170 tenants,
paying £834, 19s. 4d., exclusive of certain farms which do not fall
under the lease until the expiry of current tacks. The surplus rent
paid by Spence & Co. is understood to be for the scattalds.
Mr. Spence, the senior partner of the firm of Spence & Co., speaks
of this liability of the curer for rent as a serious obstacle to the
introduction of a system of cash payments, which he and his
partners desire; but it is obvious that if payments were made in
cash, no such guarantees could reasonably be asked from the
curers. [J. Spence, 10,580 f.n.]
The evidence of Mr. Sandison above quoted, the belief which the
men themselves entertain, and the statements of Mr. Walker, the
factor on the estate, show that the tenants on this property can
hardly decline to fish for Spence & Co., even if there were other
large merchants in Unst who could furnish them with materials
and supplies, and purchase their fish. If they are not bound to sell
their fish to Spence & Co., they have no opportunity and no liberty
to sell them to any one else. [J. Harper, 10,404; J. Walker,
15,999.]